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NYC’s Department of Buildings Sued for Modular-Units Work 13 Aug 2013 | 12:36 am
Two licensed trade groups in New York City filed a suit against the city’s Department of Buildings (DOB) over the agency’s approval of work on prefabricated building units for a 32-story residential t...
Appellate Court Narrowly Construes Illinois Residential Real Property Act and Concludes Legislature Did Not Intend Disclosure Requirement to be Compre... 8 Aug 2013 | 12:43 am
The Illinois Appellate Court has added a new layer of specificity and has supported a very narrow interpretation of portions of the Illinois Residential Property Disclosure Act (the “Act”). In Kalkma...
Subcontractors’ Recovery Limited to Their Pro Rata Share of Funds Due on the Date Lien Notices Were Served 23 Jul 2013 | 11:59 pm
In Gerdau Ameristeel US, Inc. v. Broeren Russo Const., Inc., 2013 IL App (4th) 120547, Campus Investors 309, LLC (“Campus”) entered into a contract with general contractor Broeren Russo (“Russo”) to ...
Suit Against Architect Barred by Statute of Limitations 9 Jul 2013 | 10:12 pm
In J.S. Riemer, Inc. v. Village of Orland Hills, 2013 IL App (1st) 1120106, the Village of Orland Hills brought suit against the architect for actions concerning the design, management, or supervision...
IL Appellate Court Finding in Case of Chicago Luxury Condominium Building, Aqua 19 Mar 2013 | 02:23 am
In Seth v. Aqua at Lakeshore East, LLC, 2012 IL App (1st) 120438, the Illinois appellate court held that the seller of luxury condominiums in Chicago, Illinois, Aqua at Lakeshore East, LLC (“Aqua”), s...
New Commercial General Liability Forms and Endorsements Coming in April 2013 26 Feb 2013 | 11:27 pm
The Insurance Services Office, Inc. (“ISO”) will release new standard Commercial General Liability (“CGL”) forms and endorsements on April 1, 2013. The changes will expand coverage in certain areas, ...
HB 3636 Overrules Cypress Creek 15 Feb 2013 | 08:30 pm
On February 11, 2013, Illinois Governor Pat Quinn signed HB 3636 which, among other things, overrules the Illinois Supreme Court’s decision in LaSalle Bank N. A. v. Cypress Creek I, LP, 242 Ill.2d 231...
Seventh Circuit Holds That Sureties May Rely on “Pay-If-Paid” Clauses To Not Pay Subcontractors’ Payment Bond Claims 30 Jan 2013 | 01:42 am
Payment bonds guarantee payment obligations owed by a contractor to its subcontractors if a subcontractor performs work and is not paid for its work. When a subcontractor performed work and was not p...
The Illinois Appellate Court Enforces ‘No Damages for Delay’ Clause Against Subcontractor 18 Jan 2013 | 12:28 am
In a recent decision, the Illinois Appellate Court held that a subcontractor was barred from invoking exceptions to a “no damages for delay” clause because the project delays were deemed reasonably fo...
Repair Or Replacement Does Not Constitute An Improvement To Real Property 18 Jan 2013 | 12:19 am
The Illinois Appellate Court recently confirmed that mere replacement or repair to an improvement to real property does not trigger anew the 10-year statute of repose for construction claims in Illino...
